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Old 02-28-2008, 01:59 PM
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Default Must a capital loss carryforward be used?

I have a capital loss carryforward from 2006.

1) If I have capital gain in 2007, must I use up this carryforward in 2007 or can I wait?
2) If I do not have capital gain, must I use it or can I wait until 2008?
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Old 02-28-2008, 04:28 PM
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Default

More mind-numbing research has answered my question:

1) If you have a net capital gain, you must use up as much of your carryforward as possible against that gain even if it would be to your advantage to use the carryforward in later years.

2) If you do not have a net capital gain, you must use up as much of your allowable $3,000 in capital losses against your ordinary income as you can. Again, you aren't allowed to skip a year when the loss would produce little or no benefit to preserve the loss for a year when the tax benefit would be greater.

3) You have to use a capital loss before you're allowed to use a personal exemption, but there is no carryforward for unused personal exemption.

4) If your deductions, not counting your personal exemption (see 3 above), eliminate your taxable income your capital loss is carried forward in full even if your tax return appears to indicate that it was used up.

Examples:
Income $4k
Standard Deduction $5k
Cap Loss $3k
Cap Loss Carried Forward $3k

Income $6k
Standard Deduction $5k
Cap Loss $3k
Cap Loss Carried Forward $2k

Income $8k
Standard Deduction $5k
Personal Exemption $3k
Cap Loss $3k
Cap Loss Carried Forward $0
Lost Personal Exemption $3k
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